Civil Procedure Keyed to Cound
Galloway v. United States
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In order to receive premiums under the policy, Petitioner was required to prove that his disability began prior to May 31, 1919, and lasted through the time of trial. Although the Petitioner produced both witnesses and evidence that he was insane during portions of the required period, he was not able to produce any evidence that he was disabled for the entire period as required. In fact, the Petitioner introduced no evidence whatsoever, as to his disability from the year 1925 to1930, and provided little more than speculation as to his disability from the year 1922 to 1925. The district court directed a verdict for the United States Government (Respondent). The United States Court of Appeals for the Ninth Circuit affirmed. Both courts decided that the evidence presented at trial was legally insufficient to sustain a verdict for Petitioner. Petitioner appealed.
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